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2010 Supreme(Gau) 192

BROJENDRA PRASAD KATAKEY
Sita Satnami – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: P.P. Baruah and N. Baruah, Advs.
For Respondents/Defendant: H.M. Phookan, R.P. Sarmah and M.R. Adhikari, Advs.

JUDGMENT

B.P. Katakey, J.

1. The petitioner, who was the President of Tokoubari Gaon Panchayat in the district of Sonitpur, has filed this petition challenging the resolution dated 3.8.2009 adopted in the meeting of the Gaon Panchayat expressing want of confidence on her, basically on the ground of violation of the provisions of Section 15 of the Assam Panchayat Act, 1994 ("the Act").

2. The facts necessary for the purpose of disposal of the present case are that a notice expressing want of confidence on the petitioner was delivered to the secretary of the Tokoubari Gaon Panchayat on 9.7.2009, on the basis of which the Secretary of Tokoubari Gaon Panchayat on 10.7.2009 prepared a note for placing the same before the petitioner, who was the president of the Tokoubari Gaon Panchayat and accordingly the same was placed before her on 16.7.2009. Since no meeting was convened by the petitioner to discuss the no confidence motion brought against her, the Secretary of the Tokoubari Gaon Panchayat on 27.7.2009 referred the matter to the President of Chaiduar Anchalik Panchayat, within whose jurisdiction Tokoubari Gaon Panchayat falls, who vide order dated 28.7.2009 convened the meeting of Toko















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